NATIONAL LEGAL FRAMEWORK CONCERNING THE APPLICATION OF CROSS-BORDER INSTRUMENTS
TO PERSONS WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE
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Thus far, Lithuania has not implemented the guarantees
provided in the recommendations for vulnerable persons
in criminal proceedings. In 2017, Ms. Dovilė Juodkaitė,
who is a lawyer and President of the Lithuanian Disability
Forum, thoroughly analysed the situation regarding
the implementation of the EC recommendations in
Lithuania. After analysing the documents and conducting
interviews, it was discovered that the main principles
outlined in the aforementioned recommendations
regarding procedural guarantees for vulnerable persons,
suspected or accused in criminal cases, were neither
transferred to the Lithuanian legal base nor applied in the
practice of Lithuanian courts as they should be.22
First of all, the term ‘vulnerable person’ does not exist
in Lithuanian criminal law, so the guarantees set out in
the recommendation are not guaranteed to persons
with intellectual and/or psychosocial disabilities. In
addition, although the restriction and deprivation of
liberty should be applied to more vulnerable persons only
in exceptional cases, in the absence of a procedure to
recognise a person as being ‘vulnerable’ in the first place,
it may be concluded that the deprivation of liberty may
also be applied to those persons to whom it should not
be applied in their specific individual circumstances.
Juodkaitė D. (2017) Persons with Intellectual and/or Psychosocial
Disabilities. Strengthening Procedural Rights in Criminal Law. Analysis of the
Situation in Lithuania. Available in Lithuanian at: https://bit.ly/3FbN6cj.
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